Case law
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Division and case type: CivilCivil Appeal
…Sakina and her three children have led objections to Wamaitha’s application alleging that the deceased was in no mental condition to make condition to make a will. This cause is still pending. 10.…
…The law of Succession Act (Cap 160) provides a special procedure for application for grant of probate and for dealing with any challenges to such an application.…
Division and case type: CivilCivil Appeal
…AFC maintained that the plaintiff, that is, the appellant, was its “loanee”, that the appellant was in default and that the AFC was fully justified in seizing the pick-up, and (in the Notice of Objection to the injunction application…
Division and case type: CivilCivil Appeal
…Failure to confirm such willingness within this time limit will be regarded as refusal to accept such appointment and such refusal will result in the application of the above quoted section of the Pensions Act ie payment…
Division and case type: CivilCivil Appeal
…By whichever name it is called, it denotes the application of water to that which had by then become ( or which one hopes had by then become) the carcase of the animal taken to the factory for the purpose of being slaughtered…
…However, even on the foreman’s evidence, it transpired that there was a second, to use a neutral expression, application of water, in which the plaintiff was engaged, for he said, “Plaintiff was under my charge.…
Division and case type: CivilCivil Appeal
…As was held in Barkway v South Wales Transport Co Ltd [1950] 1 All ER 392 at 393 B: “The application of the doctrine of res ipsa loquitur, which was no more than a rule of evidence affecting onus of proof of which the essence…
Division and case type: CriminalCriminal Appeal
…In R v Pitchley (1973) 57, Criminal Application No 30, “P was held to have assisted in the retention of stolen money, where some forty-eight hours after innocently accepting it from his son for safe keeping and banking it…
Division and case type: CivilCivil Case
…Nothing but administrative business was transferred by statute to the council in this case, and the application for licenses which have to be determined judicially.…
Division and case type: Anti-CorruptionCivil Appeal
…The application by way of chamber summons for an injunction to restrain the respondents from so acting for the Acceptances and other associated companies or persons came up before the superior court (Shields, J) who in his…
…usual short and crisp ruling dismissed the appellants’ application with costs.…
Division and case type: CivilCivil Case
…Clause 11 provided that the letter of offer to advance and representations contained in plaintiffs’ application from which they had lodged with Society would constitute the terms and conditions of the agreement to advance…
Division and case type: CivilCivil Case
…In the circumstances I nd that application of a multiplicand to calculate loss of dependency would not be appropriate. 52.…
Division and case type: CivilCivil Appeal
…Ainea has led a viewing of land application in the Lurambi African Court vide the African Court of Appeal 336/57 and this is correct if he feels that your father is interfering with his portion.…
Division and case type: CivilCivil Suit
…used to cover both assault and battery, they are two distinct torts, the one being an overt act indicating an immediate intention to commit a battery (Clark & Lindsel 14th Edition para 679), and a battery being the direct application…
Division and case type: CivilCivil Appeal
…Rather the appellant complains that the learned judge erred in his application of the law to the findings of fact and thereby erred in not finding that the consignee was liable to pay demurrage for one day.…
Division and case type: CivilCivil Suit
…He is ordered to join with the plaintiff in having the transfer registered and if he fails or refuses to do so the deputy registrar of the court on application is authorized to sign and seal the necessary documents for doing…
Division and case type: CivilCivil Appeal
…But the application of the money obtained by the overdraft can provide the real criterion; see for instance, Red’s Brewery Co v Male 3 T.C 279, 1890-1898, Part XLVII page 279, and Jennings v Barfield 40 T.C 365 at 373 per…
Division and case type: Milimani Commercial CourtsCivil Case
…Nzambi handed her Mombasa advocate, Mr Master, two cheques together worth Kshs 42,000 from Franco Vituli, a builder, made out to Kituu which became the subject of an application by the Assistant Public Trustee.…
Division and case type: Milimani Commercial CourtsCivil Case
…On 29/6/2004 the plaintiff filed an affidavit against the title in support of an application under Section 45 of the Registration of Titles Act for the withdrawal of an entry of a lease which has been terminated.…
Division and case type: CriminalCase number Criminal Revision
…He would seem to be liable to the daily fine provided by the Act, for unlike the Tenants, whatever happens in this application, he will remain with the property, and these proceedings do not affect the position as he is primarily…
Division and case type: Anti-CorruptionCivil Appeal
…The appellant claimed, by his plaint, that the second respondent (who was served but failed to enter appearance as a result of which judgment was entered against him as prayed on the application of the advocate for the plaintiff…
Division and case type: CivilCivil Appeal
…The largest application should be given to that approach.…